IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080007031
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her DA Form 2-1 (Personnel Qualification Record) and Enlisted Record Brief (ERB) be corrected to show her actual scores on the Armed Services Vocational Aptitude Battery (ASVAB) taken on 1 December 1998.
2. The applicant states, in effect, that the MEPS entered an incorrect ASVAB score in her record. She contends she took the ASVAB for the last time on
1 December 1998.
3. The applicant provides a copy of her ERB and copies of her ASVAB scoring sheets.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 6 June 1999 through 17 July 2004. She was trained in, awarded, and served in military occupational specialty (MOS) 91E (Dental Specialist). She attained the grade of sergeant/E-5. She was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of disability, severance pay. She received $23,893.20 in severance pay.
3. The applicant did not indicate which ASVAB score she believed was entered incorrectly on her ERB and DA Form 2-1. A comparison of the applicant's reported ASVAB scores, her ERB, and DA Form 2-1 shows that the scores were entered correctly. The reported date of her ASVAB is 1 November 1998. She also submitted an ASVAB report showing she also tested in some areas on
10 October 1998.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that her DA Form 2-1 and ERB be corrected to show the correct ASVAB scores from 1 December 1998. No discernible error was found in her ASVAB scores reported in her record and the record shows she took the ASVAB on 1 November 1998 and earlier on 15 October 1998. She failed to identify which ASVAB score she believes was reported incorrectly.
2. Correction of military records is limited to documents that can be individually reviewed after a Soldier's separation. Since the DA Form 2-1and ERB are not normally accessible by individuals other than the Soldier, there is no basis for corrective action. Further, no error was found in the applicant's reported ASVAB scores.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
_______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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